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Demetri A. Braynin

Demetri Braynin’s Answers

46 total

  • Can a unsecured credit card company, put a levy on your checking

    can they attatch you checking account on a unsecured credit card debt

    Demetri’s Answer

    Yes, your bank account can be garnished. In my jurisdiction this is done by first obtaining a judgment against the debtor, then serving a writ of execution on the debtor and garnishment interrogatories on the bank where debtor has an account. However, some funds, such as social security benefits, veterans' benefits, SSI, etc., are exempt from garnishment.

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  • Can a man file bankruptsy without effecting his wife her credit or her business?

    house was foreclosed and have over 10,000 dollars in hospital bills due to heart attack and surgery

    Demetri’s Answer

    I'm not sure what you mean by "house was foreclosed." Was your home sold or are you currently going through foreclosure proceedings? A quick answer to your question is yes. However, if you and your wife are living together, her earnings will be considered to determine if you are eligible to file Chapter 7. If you are married and living separately you will not have to include your spouse's income.

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  • Why did the court grant a default judgement?

    An answer was filed to summons about a credit card debt. Unemployed, unable to pay, SSDI is sole source of income, no assets- all that was included in the answer. I don't understand when a person said a default judgement is achieved when their is ...

    Demetri’s Answer

    Did you show up to the hearing? You must show up to the hearing and argue your case. If you failed to be present, the court can enter a default judgment. Your next course of action should be filing a Petition to Open and/or Strike Default Judgment. Check with the court clerk and they will give you appropriate papers to fill out. Good luck.

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  • Will Banruptancy remove a lien on property?

    Both judgement and bankruptancy will occur is same year. Judgement already happened. No positive equity yet in the property that was brought in 2009.

    Demetri’s Answer

    I would suggest that you first check and make sure that this lien is attached to your property. Remember, just because there is a judgment does not automatically mean that there is a lien encumbering your property.

    As previous attorney mentioned, it is possible to avoid the lien by filing appropriate motion with the court while your bankruptcy case is ongoing. You may need to do an appraisal to demonstrate to the court that the value of your home is less than what is currently owed to the lender. If there is truly no equity in your property, then the lien cannot be attached and may be avoided. Also, once you get your discharge, make sure to file appropriate paperwork with your county's records office to make sure this was properly recorded.

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  • Should I request a hearing for a "Following to Closely" citation, Pa 3310

    I received a citation in the mail. To make a long story short, I was cited by an off duty state trooped who stated that on his way home from work in his personal vehicle, I allegedly followed him too closely through a contruction zone on the Pa Tu...

    Demetri’s Answer

    Of course you should request a hearing. This is a moving violation. Depending on your driving record, any competent attorney can either have this ticket dismissed or reduced to 3111(a), which yields no points.

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  • I recieved notification from a law firm attempting to collect an old credit card debt. Can I go to jail for not paying this debt

    debt is 5 years old

    Demetri’s Answer

    Unless you are in contempt of court, you will not go to jail for failure to pay this debt. However, there are other underlying issues you should look at. When you say that you received a notification, do you mean a summons/complaint or simply a demand letter? In my jurisdiction, the statute of limitations to bring such action is only 4 years. I believe it might be the same in Texas. Consult a local debt relief attorney just to make sure. If you made no payments to this creditor for the past 4 years, I believe you may be able to have this claim dismissed.

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  • Chapter 7 - Notice of Abandonment

    How likely will secured creditors object to the trustee's request to abandon the property? What happens to judgements not recorded as liens against the property?

    Demetri’s Answer

    Generally, a trustee will abandon property which has no significant value to the creditors. I cannot speak to the likelihood of whether creditors will object, but they certainly have the right to do so if they feel differently.

    As far as judgments go, I list all judgments on Schedule F and send additional notices to creditors attorneys. These judgments are generally discharged in bankruptcy.

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  • Is there a legitimate debt consolidator who will tell me if I should file bankruptcy or will provide assistance in minimizing?

    There are so many debt

    Demetri’s Answer

    I will vehemently urge you not to take any legal advise from a debt consolidator. A licensed attorney in your area will surely be able to provide better guidance to you than a debt consolidator. Be careful.

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  • Will a bankruptcy get rid of a timeshare and a RV loan

    We are on social security and have a very fixed income

    Demetri’s Answer

    Bankruptcy does allow for you to break executory contracts and unexpired lease agreement. However, based on the facts provided I'm not sure what you are trying to accomplish. Do you want to keep your RV? Timeshare? How current are you on your payments? Is this a personal loan? Is it secured by the RV? These are the questions you will need to address with your attorney. But speaking in general...If you are on social security, it is likely that whatever fixed income you have will not be enough to continue to make payments on your timeshare and RV. Assuming that's the case, you can certainly discharge your obligations pertaining to the timeshare and the RV, but be prepared to surrender said assets.

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